HOFLAND v. LIBERTY

Filing 159

ORDER granting 152 Motion to Stay; granting 152 Motion to Extend Time. The case is stayed until March 22, 2017. Post-Judgment motions are due no later than April 24, 2017. By JUDGE JOHN A. WOODCOCK, JR. (sfw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
RANDALL B. HOFLAND,
Petitioner,
v.
RANDALL LIBERTY,
Respondent.

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1:15-cv-00414-JAW

ORDER ON MOTION TO STAY AND REQUEST TO EXTEND TIME
On November 28, 2016, the Court granted Randall B. Hofland’s motion to
extend the time within which to file post-judgment motions, extending the time to
December 27, 2016. Order (ECF No. 148). On December 22, 2016, Mr. Hofland filed
a motion to stay his case for ninety days and a motion to extend the time for filing his
post-judgment motions an additional thirty days beyond the expiration of the ninetyday stay. Pet’r Randall B. Hofland’s Mot. to Stay (ECF No. 152). In support of his
motions, Mr. Hofland launched into a long description of his perspective of the
innumerable difficulties he feels he has had obtaining proper documentation while at
the Maine State Prison. Id. at 1-5.
The Court notes that Mr. Hofland filed his petition on October 7, 2015. Pet.
Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (ECF
No. 1). On November 18, 2015, the Court ordered the Attorney General for the state
of Maine to file an answer to his petition no later than January 19, 2016. Order (ECF
No. 22). The state of Maine answered the petition on January 19, 2016. Resp.’s Ans.
to the Pet. for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 29).

During the last twelve months, Mr. Hofland has filed innumerable exhibits that the
Clerk’s Office has dutifully scanned and docketed; however, the Court is unaware of
any real progress in this case. The Court will grant the motion to stay and motion
for extension with a caveat: at some point, the Court will require that Mr. Hofland
proceed with the merits of his case. With this stay of three months and extension of
one month, the resolution of Mr. Hofland’s case has, at his request, been delayed four
more months. The case will have been pending on the Court’s docket for nearly a
year and a half. Once this extended periods expire, the Court expects Mr. Hofland to
proceed with his case forthwith.
The Court GRANTS Randall B. Hofland’s Motion for Stay and Motion for
Extension (ECF No. 152). The case is STAYED from December 22, 2016 to March 22,
2017 and Mr. Hofland must filed his post-judgment motions no later than April 24,
2017.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 6th day of January, 2017

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